terms & condition

FAMFARA SHOPPING PLATFORM TERMS AND CONDITIONS
(as of October 21, 2016)

§1. General Provisions

FAMFARA shopping platform is run by Kinga Kosińska operating under the business name: HABE Kinga Kosińska, residing at Michałów – Grabina, ul. Kwiatowa 34, postal code: 05-126, NIP: 5371423772, REGON: 015241522 (hereinafter referred to as: the Seller or the Service Provider).
FAMFARA shopping platform is available at: famfara.com.pl.
Forwarding address for the shipping or return purposes shall be: Michałów – Grabina, ul. Kwiatowa 34, postal code: 05-126.
The Seller operates and processes the Orders on the territory of the Republic of Poland, other EU countries and, due to the individual arrangements with the Client, on the territory of the certain countries outside of the EU.
The Seller mostly provides the services of selling the non-prefabricated products and items, produced in accordance with the Client’s individual specification, destined to meet his or her personal needs. After making an Order and concluding the purchase agreement, the product shall be produced as the Client has specified. In the event of offering a prefabricated product, this circumstance shall be explicitly indicated next to the product’s description on the website.
Provisions of the Terms and Conditions comply completely with the Act on May 30, 2014 of Consumers Rights (Dz.U. z 2014 r. poz. 827) (hereinafter referred to as: the Consumers Rights Act). All the provisions less favorable for the Consumers than the provisions of the Consumers Rights Act shall be deemed null and void. In that event, provisions of the Consumers Rights Act shall apply.
The Terms and Conditions shall apply to the Consumers, excluding § 11, which shall apply solely to the Entrepreneurs.

§2. Definitions

Shop – the Service Provider’s web shop available at: famfara.com.pl.
Seller, Service Provider – Kinga Kosińska operating under the business name: HABE Kinga Kosińska, residing at Michałów – Grabina, ul. Kwiatowa 34, postal code: 05-126, NIP: 5371423772, REGON: 015241522.
Client – a natural person who has full or limited capacity for legal acts, a legal person or an organizational unit with no legal personality but which is granted capacity for legal acts under the law, who or which makes an Prder.
Consumer – a natural person, within the meaning of Article 22¹ of the Civil Code, performing a legal act which is not directly related to his or her business or professional activity.
Account – the Client’s personal administrative-informational panel, created automatically as a result of signing up, which gathers and contains the Client’s data and information concerning his or her activity in the Shop, in particular about the Orders made and the essential personal data.
Product – a non-prefabricated item, produced in accordance with the Client’s individual specification, destined to meet his or her personal needs, which may be the Order object.
Prefabricated Product – a prefabricated product, not produced in accordance with the Client’s individual specification, which may be the Order object. The Prefabricated Products shall be explicitly indicated on the website.
Price – explicitly indicated amount the Client undertakes to pay due to the Order. All of the information concerning the Prices contained on the website are displayed, depending on the product delivery country, in PLN or EUR, are gross prices (i.e. include taxes), do not include the duty costs the Client is obliged to pay due to the customs tariff code binding in his or her country. The Prices shall include the delivery costs, unless otherwise provided next to the Product’s description on the website. In the event of the different provision, as referred to in the previous sentence, for the purpose of determining the exact delivery costs, the Client shall contact the Seller.
Shopping basket – a system tool simplifying shopping, which enables the Client to gather the chosen offers in one place and to view their total Price. The Shopping basket shall be created automatically as a result of adding at least one Product (through clicking “Add to the Shopping basket”). Selecting “Add to the Shopping basket” shall not constitute the declaration of accepting an offer or confirmation of its reception and shall not be binding for any party. The Client may, at any time, delete the offer from the Shopping basket.
Sales contract – a sales contract within the meaning of Act of April 23, 1964 – the Civil Code (Dz.U. z 2016 r. poz. 380), concluded through the Shop between the Seller and the Client.
Electronic service – the free of charge service consisting of sharing the Order form with the Client. All of the other electronic activities made by the Service Provider for the purposes of sales shall be deemed the Electronic service.
Order – information, generated automatically by the Shop system as a result of selecting “Send the order”, indicating content of the sales contract to be concluded by accepting the offer. The Order in particular indicates the payment terms, delivery rules and costs as well as the delivery time. The Order may also contain other provisions. Depending on the offer type, the Client may be entitled to determine the payment form and delivery rules and costs. The correct Order shall result in receiving the confirmation message to the Client’s e-mail provided during the Order or during the registration.
Order form – the Electronic service which enables the Client to make an Order, in particular by adding the Products to the Shopping baskets or determining the sales conditions, including the payment form and delivery.

§3. The Shop offer

Information concerning the Products contained on the Shop website shall not be deemed an offer within the meaning of Article 66 § 1 or Article 543 of the Civil Code. It shall be deemed an invitation to make an offer.
The Products displayed on the Shop website shall be deemed only an arrangement suggestion.
The Seller undertakes to provide the services and to deliver the items free of defects.
The Seller represents and warrants that he is the sole owner of full economic copyright to the photographs displayed on the Shop website as well as all of the other elements, including graphic elements, involved in the Shop website. Copying any of the Shop website content without the Seller’s prior consent is forbidden

§4. The electronic services agreement conclusion

The electronic services agreement shall be deemed concluded as of the moment of the commencement of using the Shop website. It shall be considered in particular using the Order form by adding the items to the Shopping basket:
a. adding the items to the Shopping basket consists in choosing the Product we are interested in on the Shop website, selecting its quantity and clicking the button: “Add to the Shopping basket.”
b. if we want to add more Products, we shall click: “continue shopping” and repeat the activities set forth in section a)
c. we may check the Shopping basket stock clicking: “Shopping basket” displayed on the Shop website.
In order to use the functionalities assigned to the Account, it is necessary to register via the registration form. The registration shall proceed following the instructions displayed in the registration form. Filling the registration form, the Client shall provide the data indicated as essential. The Client may also provide the data indicated as facultative.
The registration shall be completed successfully only provided that the Client issues the declaration of becoming acquainted with the Terms and Conditions, Privacy policy and Cookies policy, and accepting it, and of giving his or her consent to have the formerly provided personal data processed (through selecting the checkbox). The absence of such declaration indisposes the registration.
The electronic services agreement shall be deemed concluded as of the moment of the Terms and Conditions, Privacy policy and Cookies policy acceptance.
The Client shall be obliged to use the Account only in compliance with the binding law, the Terms and Conditions, principles of good mores, respecting the Shop’s and other Clients’ personal rights, within the scope of the personal use, in a manner that does not intrude the Shop functioning (i.e. by using the damaging software or devices, delivering and passing the illegal content, taking actions in order to acquire the information not intended for the Client, disseminating the junk mail, assigning the Account data or sharing it).
As for the Clients who do not have the Account access, using the Shop website exclusively for the purpose of making the single Orders, rendering the services within the scope of enabling the Client to make an Order shall be deemed one-time. The service ceases directly after the Order is made or after the Client stops using the Shop website. As for the Clients who do have the Account access, the electronic services agreement shall be deemed concluded for an indefinite period.
The Service Provider renders the services free of charge.
Terms of terminating the electronic services agreements are set forth below.

§5. The sales agreement conclusion

The sales agreement shall be deemed concluded upon prior Order made by the Client using the Order form.
In order to make an Order, the Client shall click: “order” in the “Shopping basket” tool, fill the displayed Order form with the essential data, i.e. first name, last name, address, telephone number (the essential data shall be indicated with “*” sign), and click “Move forward” (at this point it is also necessary to accept the Terms and Conditions, Privacy policy and Cookies policy).
The Client shall determine the full specification of the Product to allow the Seller to produce it in accordance with the individual Order.
Next, the Client shall select the delivery method and the payment form.
The Order shall be deemed made as of the moment of clicking: “Order. Order with obligation to pay.” by the Client. The Price the Client shall be obliged to pay is the price displayed directly next to the button. It involves the whole amount to be paid by the Client, including the due taxes and delivery costs, not including the potential duty costs.
After making the Order, the notification shall be sent by the Seller to the Client’s e-mail address provided during the Order. The notification shall be deemed the confirmation of the sales agreement conclusion.
As for the Prefabricated Products, the Client shall not be entitled to cancel or change the Order after the Seller starts processing the Order.
As for the items to be delivered within the EU, outside of Poland, the pricelist specified in EUR shall be deemed solely binding.

6. Payment forms

As a consideration for the sales agreement, the Client shall be obliged to pay the Price displayed directly next to the button: “Order. Order with obligation to pay.”.
After receiving the Seller’s notification about taking the Order to process, the Client shall select one of the following Payment forms, sending the return e-mail:
a. payment by cash with the Product’s delivery
b. payment by cash with personal receipt
c. payment in advance by bank transfer into the following account number:

PL42 1090 1841 0000 0001 2227 1402 for PLN transfers
PL98 1090 1841 0000 0001 2274 2978 for EUR transfers

Payment in advance by the fast bank transfer in PayU.pl system
Payment by the fast bank transfer in PayU.pl system shall proceed through PayU.pl payment service, offered by PayU Spółka Akcyjna with its registered seat in Poznań (60-166), ul. Grunwaldzka 182, entered into the Commercial Register conducted by the Regional Court Poznań Nowe Miasto i Wilda in Poznań, VIII Commercial Department of the National Court Registry, KRS: 0000274399, NIP: 7792308495, REGON: 300523444, stock capital: PLN 4.944.000.
Lack of the payment for the Product within 3 days from the sales agreement conclusion confirmation entitles the Seller to rescind the agreement free of charge and without any penalty. The Seller shall send the Client the rescission notice using the e-mail address previously provided by the Client.

§7. Delivery

The Order object shall be produced and completed within 4 weeks from the date of making the Order. In duly justified cases, the delivery time may amount up to 6 weeks. The Seller undertakes to inform the Client about any delays using the previously provided e-mail address.
The delivery costs shall be covered by the Seller, unless otherwise provided next to the Product’s description on the Shop website. In that event, the delivery costs shall be covered by the Client.
The delivery costs shall be indicated on the Shop website, in “delivery costs” bookmark, during the Order (directly next to the button: “Order. Order with obligation to pay.”) and in an Order confirmation notice.
The personal receipt shall be free of charge. It is possible after determining the term with the Seller.
The Seller shall be entitled to hand the delivery over to the entities conducting the business activity within the scope of carriage of the goods.
The Client shall be obliged to check the content and condition of the package as of the moment of its reception, with the carrier. In the event of the mechanical damage of the package emerged during the transport, the Client and the carrier shall draw up a reception refusal protocol.
The Client is entitled to require the free of charge copy of the reception refusal protocol.
In the event of the mechanical damage of the package emerged during the transport, the Client shall be entitled to refuse to receive the Product. He or she is obliged to inform the Seller about this situation without undue delay.

8. Complaint

The Products shall be deemed non-prefabricated products, produced in accordance with the Client’s individual specification, destined to meet his or her personal needs. On the basis of Article 38 point 3 of the Consumers Rights Act, the Client shall not be entitled to rescind the concluded contract for convenience and without bearing any costs, as referred to in Article 27 of the aforesaid act.
The Client being the Consumer, who concluded a sales agreement concerning the Prefabricated Product, is entitled to rescind the concluded contract for convenience and without bearing any costs within 14 days. The term for rescission shall be deemed to have been observed in the event the Client sends the rescission notice before its expiration.
The rescission notice shall be issued via mail using the Seller’s address as referred to in § 1 section 3 of the Terms and Conditions or via e-mail using the following address: zamowienie@famfara.com.pl.
The 14-days term shall be observed: in the event of the Prefabricated Product – from the date of its delivery, in the event of the electronic services – from the date of the agreement conclusion.
The rescission notice may be issued by the Client using the rescission form sample contained in Appendix 2 to the Consumers Rights Act. The sample shall be available on the Shop website in “Rescission notice” bookmark. The Consumer is entitled but not obliged to use the sample, as referred to in the previous sentence.
In the event of rescinding the distance agreement, the agreement shall be deemed not concluded.
The Seller is obliged, without undue delay but no longer than within 14 days from the date of the rescission notice reception, refund the Consumer the whole payment made by him or her, including delivery costs of the Prefabricated Product. In the event that the Seller does not offer to personally receive the Prefabricated Product from the Consumer, the Seller is entitled to suspend the refund until the Prefabricated Product is delivered back to the Seller, or until the Consumer sends the proof of shipment, depending on which happens earlier.
In the event that the Consumer selects the delivery method other than the cheapest one, the Seller shall not be obliged to refund the Consumer the additional delivery costs. The Consumer shall cover the direct costs of the Prefabricated Product return.
The Consumer shall be liable for the Prefabricated Product value decrease, being a result of its use in a manner extending beyond the way necessary to state its character, features and functioning.

§9. Agreement rescission

The Products shall be deemed non-prefabricated products, produced in accordance with the Client’s individual specification, destined to meet his or her personal needs. On the basis of Article 38 point 3 of the Consumers Rights Act, the Client shall not be entitled to rescind the concluded contract for convenience and without bearing any costs, as referred to in Article 27 of the aforesaid act.
The Client being the Consumer, who concluded a sales agreement concerning the Prefabricated Product, is entitled to rescind the concluded contract for convenience and without bearing any costs within 14 days. The term for rescission shall be deemed to have been observed in the event the Client sends the rescission notice before its expiration.
The rescission notice shall be issued via mail using the Seller’s address as referred to in § 1 section 3 of the Terms and Conditions or via e-mail using the following address: zamowienie@famfara.com.pl.
The 14-days term shall be observed: in the event of the Prefabricated Product – from the date of its delivery, in the event of the electronic services – from the date of the agreement conclusion.
The rescission notice may be issued by the Client using the rescission form sample contained in Appendix 2 to the Consumers Rights Act. The sample shall be available on the Shop website in “Rescission notice” bookmark. The Consumer is entitled but not obliged to use the sample, as referred to in the previous sentence.
In the event of rescinding the distance agreement, the agreement shall be deemed not concluded.
The Seller is obliged, without undue delay but no longer than within 14 days from the date of the rescission notice reception, refund the Consumer the whole payment made by him or her, including delivery costs of the Prefabricated Product. In the event that the Seller does not offer to personally receive the Prefabricated Product from the Consumer, the Seller is entitled to suspend the refund until the Prefabricated Product is delivered back to the Seller, or until the Consumer sends the proof of shipment, depending on which happens earlier.
In the event that the Consumer selects the delivery method other than the cheapest one, the Seller shall not be obliged to refund the Consumer the additional delivery costs. The Consumer shall cover the direct costs of the Prefabricated Product return.
The Consumer shall be liable for the Prefabricated Product value decrease, being a result of its use in a manner extending beyond the way necessary to state its character, features and functioning.

§10. Extrajudicial methods of examining the complaints and claims

The Seller hereby informs that after the complaint’s examination, the Client is entitled to use the extrajudicial methods of examining the complaints and claims. In order to do so, he or she may in particular use one of the Alternative Dispute Resolution methods for domestic and foreign consumers disputes (ADR), including mediation, arbitration, complaints commission or arbitration court proceeding, or use the online dispute resolution platform (ODR).
The detailed information considering the extrajudicial methods of examining the complaints and claims, as well as their access rules are available in the seat and at the website of the European Consumer Centre (clearing house) of the Client’s country. The European Consumer Centre (clearing house) helps the Client to hand his complaint over to the appropriate ADR system in the Seller’s country.
The Client may also use the online dispute resolution platform (ODR) – the platform is an access point for the consumers and entrepreneurs approaching the extrajudicial dispute resolution. It is an interactive website, which can be reached electronically and free of charge, in any EU official language, at: http://ec.europa.eu/consumers/odr/.
Using any of the extrajudicial methods of examining the complaints and claims shall be deemed voluntary and may take place only by the mutual consent of the Parties.

§11. Provisions for the Entrepreneurs

This paragraph of the Terms and Conditions and its provisions shall apply only to the Entrepreneurs.
The Seller reserves the right to rescind the contract concluded with the Entrepreneur within 14 days from the day of its conclusion. Rescission of the contract may be made for convenience and shall not give rise to any claim against the Seller.
The Seller reserves the right to limit payment forms available for the Entrepreneurs, in particular to require payment in advance in whole or in part, regardless of the previously selected payment form or the contract conclusion.
The benefits and burdens related with the Order object and the risk of accidental loss of or damage to the Order object shall be transferred to the Entrepreneur as of the moment of handing the Order object over to the carrier.
In the event of delivering the Order object using the carrier, the Entrepreneur undertakes to take all the actions necessary to establish the carrier’s liability.
The Seller implied warranty for physical and legal defects of the Product shall not apply to the Entrepreneurs.
The Seller reserves the right to terminate the electronic services agreement with immediate effect and for convenience, sending the appropriate declaration.
All disputes arising in connection with the contract concluded between the Entrepreneur and the Seller shall be settled by the competent court of the Seller place of incorporation.

§12. Personal data and privacy protection

The Seller shall be deemed the Clients’ personal data controller.
The Clients’ personal data made available for the Shop is being gathered – in accordance with the Client’s will – for the purposes of the sales agreement or electronic services agreement performance.
The Client shall be entitled to gain the access to the contents of his or her personal data gathered by the Shop, to modify it or to require its removal. The requirement may be issued via mail using the Seller’s address as referred to in § 1 section 3 of the Terms and Conditions or via e-mail using the following address: zamowienie@famfara.com.pl.
Providing the personal data is voluntary, however not providing the data indicated as essential shall result in lack of the sales agreement or electronic services agreement conclusion. The data which must be provided in order to conclude the agreement shall be indicated as essential on the Shop website.
The Client’s personal data shall be protected due to Act of August 29, 1997 – Personal Data Protection Act (Dz. U. 1997 nr 133 poz. 883 ze zm.) and shall not be transferred, made available, sold or granted to use to any other entities or institutions not entitled to gather it. The personal data will be made available only for the purposes of performing the agreements set forth in the Terms and Conditions.
The detailed information concerning the privacy policy and the scope of the personal data protection provided by the Seller shall be available at: www.famfara.com.pl/polityka-prywatnosci

§13. Final provisions

The Seller reserves the right to modify the provisions of the Terms and Conditions. Any amendment to be made shall be previously published on the Shop website. Amendments to the Terms and Conditions and its new content shall enter into force after 14 days from the day of its publication. The Clients shall be informed about the amendment by the information on the Shop website which shall remain displayed for at least 14 consecutive days and via e-mail (for the Clients who have previously provided their e-mail address). The effective date of the amendment shall be explicitly indicated in its content. The amendment shall not apply to the Clients who have bought any item before its effective date, unless the amendment is more favorable for the Client and the Client agrees for that. Due to the consistent Product’s modernization process, the materials and their technical parameters displayed on the Shop website may change without prior notice. The furniture made of the material withdrawn from the Shop offer or made in accordance with the previous technical parameters, shall be available until existing stocks are exhausted or according to the individual Order with the prolonged delivery time.
As for the recurring agreements concluded on the basis of the Terms and Conditions (i.e. electronic services agreement), the amended Terms and Conditions shall apply to the Client if the amendments have been made pursuant to Article 384 and Article 384¹ of Civil Code, i.e. the Client has been correctly informed about the amendments and has not terminated the agreement on the nearest termination date.
To all matters not settled herein, provisions of the generally applicable laws of Poland, in particular Act of April 23, 1964 – Civil Code (Dz. U. Nr 16, poz. 93 ze zm.), Act of July 18, 2002 on Rendering Electronic Services (Dz. U. Nr 144, poz. 1204 ze zm.) and Act of May 30, 2014 on Consumers Rights (Dz. U. 2014 poz. 827), shall apply.
The Terms and Conditions shall be available free of charge at the Shop website in a form that allows the Client to acquire them, reproduce them, and record them using the Client’s ITC system.
In the event of any dispute arising out of the Terms and Conditions between the Seller and the Client being the Consumer, it shall be settled by the court competent due to the provisions of Act of November 17, 1964 – Code of Civil Procedure (Dz. U. Nr 43, poz. 296 ze zm.).
In the event of any dispute arising out of the Terms and Conditions between the Seller and the Client not being the Consumer, it shall be settled by the court competent for the Seller’s seat.